Analysis of Qualified Immunity for Texas Public School Professional Employees as Interpreted by the Texas Courts Page: 30
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In Williams v. Conroe Independent School District (1991), bus driver Marvin Williams
brought suit against Conroe ISD, Doris Like, and Stan Lilley for wrongful termination,
defamation, intentional infliction of emotional suffering, intentional racial discrimination, and
deprivation of civil rights under color of law. While employed as a bus driver, Williams was
accused of soliciting sex from a white female student. Williams was suspended with pay for the
remainder of the year and his employment was not renewed for the following year. Stan Lilley,
assistant coordinator of transportation for Conroe ISD, made the decision not to rehire Williams.
Assistant Superintendent Doris Like officiated the post-termination hearing that was held at
Williams' request. Williams requested a continuance so his attorney could attend. Williams did
not appear at the administrative hearing and the hearing was not rescheduled, leading to
Williams filing suit.
Conroe ISD, Lilley, and Like filed motions for summary judgment. The court granted
summary judgment in response to all motions. Williams appealed the court's decision to the
Court of Appeals of Texas. Regarding the state tort claims, Conroe ISD, Lilley, and Like argued
their immunity under Section 21.912 of the Texas Education Code. The court of appeals
determined that Lilley and Like were professional employees, acted with the scope of their
employment, and acted with discretion. Therefore, the court of appeals upheld the lower court's
decision to grant summary judgment for the state tort claims.
The next case involving immunity under Section 21.912 of the Texas Education Code in
terms of defamation is Anderson v. Blankenship (1992). Ronald Anderson was employed as the
head baseball coach at West Orange-Stark High School. Marcus Blankenship was the head
baseball coach at Westbrook High School in Beaumont Independent School District. Following
a series of articles in the Port Arthur News that claimed Anderson recruited athletes in violation30
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Carman, John Nathaniel. Analysis of Qualified Immunity for Texas Public School Professional Employees as Interpreted by the Texas Courts, dissertation, May 2009; Denton, Texas. (https://digital.library.unt.edu/ark:/67531/metadc9857/m1/36/: accessed April 25, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; .